析医方违反医疗服务后合同义务民事责任的承担

On Responsibilities of the Post-contract Obligations of Hospitals to Patients

医疗关系是医疗服务合同关系。医方在治疗行为结束、医疗服务合同的权利义务终止后,应严格遵守医疗服务合同的后合同义务,履行告知患者或其家属与治疗效果密切相关注意事项的告知义务、保守患者病情隐私的保密义务及病人依法查阅病历的协助义务等。在司法实践中,应科学认定医方是否违反医疗服务后合同义务及其应承担的民事责任,从而为患者利益的全面保护提供一条新的途径。

The medical relationship is the relationship of medical service contract. The hospitals, after having \{finished\} treating and other medical obligations, should abide by the post-contract obligations such as to inform the patients or their family members of the points for attention, to keep secrets for the patients and to offer services for the patients to consult the concerning medical files and so on. In legal practices, the post-contract responsibilities of the hospitals should be made clear, and thus benefit the patients more.